A/67/44
psychiatric ward of the national prison in Tacumbú and the lack of specialized medical
attention provided to the prisoners housed there. The Committee is further concerned about
allegations of discrimination against the lesbian, gay, bisexual and transgender community
in the State party’s prisons, including discrimination in allowing private visits from
partners. Lastly, the Committee is concerned about the arbitrary use of solitary confinement
as a punishment in the State party’s prisons (arts. 2, 11 and 16).
The State party should take effective measures to ensure that its policy of pretrial
detention is in conformity with international standards and that pretrial detention is
used solely as a last resort and for a limited period, in conformity with the
requirements laid down in its legislation. To this end, the State party should review
the use of pretrial detention as a primary measure for accused persons awaiting trial
and consider the possibility of using alternatives to deprivation of liberty, as described
in the United Nations Standard Minimum Rules for Non-custodial Measures (the
Tokyo Rules), adopted by the United Nations General Assembly in its resolution
45/110, in particular in cases involving minors. The State party should also increase
judicial control over the duration of pretrial detention.
The State party should adopt urgent measures to ensure that detention conditions in
police stations, prisons and other detention centres are in conformity with the United
Nations Standard Minimum Rules for the Treatment of Prisoners, adopted by the
Economic and Social Council in its resolutions 663 C (XXIV) and 2076 (LXII). In
particular, the Committee recommends that the State party should:
(a)
Adopt a plan for the improvement of the infrastructure of Paraguay’s
police stations and prisons so as to guarantee decent living conditions for persons
deprived of their liberty;
(b)
Ensure that there are sufficient medical professionals, including mental
health professionals, to provide proper medical care for persons deprived of their
liberty;
(c)
Provide suitable accommodation and psychiatric treatment for those
persons deprived of their liberty who require psychiatric supervision and treatment;
(d)
Redouble efforts to combat discrimination against vulnerable groups,
and in particular against the lesbian, gay, bisexual and transgender community;
(e)
Use solitary confinement as a last resort, for as short a time as possible,
under strict supervision and with the possibility of judicial control.
Statements obtained under duress
(20) The Committee expresses its concern at reports that, in spite of the provisions of
article 90 of the Code of Criminal Procedure prohibiting the use of force by the police to
obtain a statement from a detained person, in practice the police continue to obtain
statements by torture or ill-treatment. The Committee is concerned that the courts of the
State party occasionally use such statements as evidence. The Committee is also concerned
by the lack of information relating to officials who have been tried and punished for having
obtained statements in this way (arts. 2, 4, 10 and 15).
The State party should take the necessary steps to ensure that all statements obtained
as a result of torture are inadmissible in any court proceedings, in conformity with
article 15 of the Convention. The Committee requests the State party to ensure in
practice the inadmissibility of evidence obtained as a result of torture and to provide it
with information on whether any officials have been tried and punished for having
obtained statements in this way, together with examples of cases that have been set
aside because a statement had been obtained as a result of torture. The State party
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GE.12-44492
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